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The Remnants of the Rechtsstaat – An Ethnography of Nazi Law - Oxford Scholarship Online
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The Remnants of the Rechtsstaat: An Ethnography of Nazi Law

Jens Meierhenrich


This book provides an intellectual history of Ernst Fraenkel’s classic The Dual State (1941), one of the most erudite books on the theory of dictatorship ever written. Fraenkel’s was the first comprehensive analysis of the rise and nature of National Socialism, and the only such analysis written from within Hitler’s Germany. His sophisticated––not to mention courageous––analysis amounted to an ethnography of Nazi law. Because of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the racial regime. This book brings Fraenkel’s innovative c ... More

Keywords: Rechtsstaat, dictatorship, rule of law, legal ethnography, authoritarianism, Weimar Germany, Nazi Germany, National Socialism, “Third Reich, ” Ernst Fraenkel

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198814412
Published to Oxford Scholarship Online: April 2018 DOI:10.1093/oso/9780198814412.001.0001


Affiliations are at time of print publication.

Jens Meierhenrich, author
Associate Professor of International Relations, London School of Economics and Political Science